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OT / CP: Legal advice in Maryland, please (rval_1999?)

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Old 09-07-2005, 08:11 PM
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scirocco
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Default OT / CP: Legal advice in Maryland, please (rval_1999?)

Hi there!

I got popped for speeding in MD, and trying to decide what to do about it...

I have noted that the 996-board denzien rval_1999 is a criminal defense lawyer here in Maryland.. That may be a bit overkill, but i'm looking for some advice or a reference to a decent traffic lawyer from a P-car friendly source ;-)

I sent some PM, but no avail.... i know that i would personally never notice the darn things!

So... rval_1999, if you're here and willing to take a peek, please shoot over to the 928 board at:
https://rennlist.com/forums/928-forum/225719-ot-speeding-ticket-advice-in-md.html

ps: you can email me at: rennlist-sneak0rg@sneakemail.com

thanks, and sorry for the waaay OT and crosspost. (tho, there is some good info in the thread linked above!)

Last edited by scirocco; 09-07-2005 at 09:40 PM.
Old 09-10-2005, 02:36 PM
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Mercedesben
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The firm of Gil Cochran in annapolis is the best, his son Drew is great, he saved my butt in a big way a few years ago. I had a cop who did not like people excercising 911s on deserted stetches of hwy.
They specialize in traffic law.
410-268-5515 is the main #
Old 09-12-2005, 02:36 AM
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rval_1999
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Scirocco~ You got caught with laser, probably Maryland State Police (MSP) that got you, you have a tough case. MSP usually show up for court and are usually prepared/ have notes. Keep in mind that a Judge will not require the officer/trooper to bring any documentation (ie-calibration/certification of LASER, training) in order to convict you. As long as the officer testifies that the LASER was calibrated and tested, that he was trained to use the equipment, that he can identify you as the driver, and that the event happened in AA (or whatever) County, your goose is cooked. Speeding tickets are difficult to "beat" at trial for this reason.

The way I would handle this case is as follows:
1. Do not pay the fine.
2. Go to court plead guilty and say "Your honor, I am sorry for speeding, I was keeping up with the flow of traffic, will Your Honor consider granting me a probation before judgment (PBJ)."
3. The judge will say "How is your driving record?" to which you truthfully respond that you have not had a ticket in many years".
4. The judge will (sometimes) check your Maryland driving record (which is all he has access to) on a computer while you are standing in front of him.
5. If you have not had a ticket in awhile, it is likely that you will be granted PBJ (which is not a conviction, carries no points, and cannot be used against you by insurance companies)
6. You will likely pay a fine and/or court costs equal to $75 total.
7. Note, if the police officer does not show up to court you should plead not guilty, the case will then be dismissed.

I do not know if Maryland shares driving record info with Connecticut, you could find out by researching online.

Ask me if you have any other specific questions.

RVP
Old 09-12-2005, 06:49 AM
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fast1
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Originally Posted by rval_1999
Scirocco~ You got caught with laser, probably Maryland State Police (MSP) that got you, you have a tough case. MSP usually show up for court and are usually prepared/ have notes. Keep in mind that a Judge will not require the officer/trooper to bring any documentation (ie-calibration/certification of LASER, training) in order to convict you. As long as the officer testifies that the LASER was calibrated and tested, that he was trained to use the equipment, that he can identify you as the driver, and that the event happened in AA (or whatever) County, your goose is cooked. Speeding tickets are difficult to "beat" at trial for this reason.

The way I would handle this case is as follows:
1. Do not pay the fine.
2. Go to court plead guilty and say "Your honor, I am sorry for speeding, I was keeping up with the flow of traffic, will Your Honor consider granting me a probation before judgment (PBJ)."
3. The judge will say "How is your driving record?" to which you truthfully respond that you have not had a ticket in many years".
4. The judge will (sometimes) check your Maryland driving record (which is all he has access to) on a computer while you are standing in front of him.
5. If you have not had a ticket in awhile, it is likely that you will be granted PBJ (which is not a conviction, carries no points, and cannot be used against you by insurance companies)
6. You will likely pay a fine and/or court costs equal to $75 total.
7. Note, if the police officer does not show up to court you should plead not guilty, the case will then be dismissed.

I do not know if Maryland shares driving record info with Connecticut, you could find out by researching online.

Ask me if you have any other specific questions.

RVP
RVP - My experience is that PBJ is a given in MD provided that you have a clean record. The only thing that I would like to add to your excellent counsel is that with PBJ you must not be convicted of another moving violation within a specified period, I believe that it is at least six months in MD, or the points from the original conviction will be added to your record.
Old 09-12-2005, 11:26 AM
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Mercedesben
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My record is not spotless and I seem to get a pbj every other ticket, I average about one every year or so. The best advice is to postpone your court date. Send a request to the court in writing. If you get lucky the cop might not show up. If the cop is not there then you dont get the ticket. In about 5 tickets in md I have only had an officer not show up once, of course it was I hired an atty that time and still had to pay him.
Old 09-12-2005, 06:25 PM
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rval_1999
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Baltimore City police are notorious for not showing up, especially if they are not assigned to the traffic enforcement division, but most other jurisdictions are strict about officers not appearing for court. The postponement "trick" is more of a myth, or urban legend, than anything. Police officers (in most counties) have assigned "court days" and all cases are set/re-set (in the event of a postponement) to be on the officer's date.

There is also one other "trick" (that us lawyers "kick around") for beating a ticket, or at least playing the odds in your favor. On your court date go to court and see if the officer shows up, if not; you know what to do. If the officer does appear (or once you are satisfied that your officer is present) leave the courtroom and recieve an FTA (fail to appear).

The next day pay the fine associated with the ticket and submit a written request for a new trial date (must be within 10 days of court date). At that point you will be technically "guilty" and points will be on your license/record. However, you will receive a new hearing date (within a month or two) at which point you can hope and pray that this time the officer does not show up. If he doesn't plead not guilty, if he does, beg for mercy/see previous post.

It is a risky proposition, not recommended by me (nor would any activity that takes advantage of the complexities of the legal process be recommended by me....ahem...), but basically gives you two (2) chances of the "copper" not showing up.

Now I need a $200.00 "consultation fee" from everyone who reads this post!..jk..
(DISCLAIMER: By reading this post you agree that the information posted does not constitute legal advice, applies only to the state of Maryland, and is for entertainment purposes only. Furthermore, if you have a legal question you should consult an attorney licensed to practice law in the jurisdiction in which your specific legal question arises.)
Old 09-24-2005, 07:06 PM
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holminator
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This has to be the best thread I ever read.
Old 10-03-2005, 10:42 PM
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scirocco
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Thank you all very much for this great advice! I hadn't seen it until today......

I seriously hope this info also helps others.

thanks rval_1999!

~aaron
Old 10-04-2005, 11:26 AM
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Eli K
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Better to go to court, then before the officer's cases are called sign yourself out of court at clerk's desk to go work out a deal with the ADA to have your case dismissed, then when the deal craters, go back into court and let the clerk know you're back after the officer's cases have been called and the officer has left. Your case will be called last and the judge will then have to dismiss your case cause you were there, but the officer wasn't there to testify. You just gotta know the ropes.....



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